Florida Senate - 2009                                     SB 476
       
       
       
       By Senator Sobel
       
       
       
       
       31-00549-09                                            2009476__
    1                        A bill to be entitled                      
    2         An act relating to emergency management; creating part
    3         V of ch. 252, F.S., the Uniform Emergency Volunteer
    4         Health Practitioners Act; providing definitions;
    5         providing for applicability of the act to specified
    6         volunteer health practitioners; providing for the
    7         regulation of specified health services by the
    8         Division of Emergency Management of the Department of
    9         Community Affairs, in cooperation with the Department
   10         of Health, the Agency for Health Care Administration,
   11         and the Board of Veterinary Medicine, while an
   12         emergency declaration is in effect; providing
   13         requirements with respect to volunteer health
   14         practitioner registration systems; providing
   15         procedures with respect to the use of such systems;
   16         authorizing specified volunteer health practitioners
   17         who are licensed outside the state to practice in this
   18         state; providing limitations with respect to the
   19         protections afforded under the act; defining
   20         “credentialing” and “privileging”; providing that the
   21         act does not affect the credentialing or privileging
   22         standards of a health facility and does not preclude a
   23         health facility from waiving or modifying those
   24         standards while an emergency declaration is in effect;
   25         providing for regulation, modification, and
   26         restriction of health or veterinary services provided
   27         by volunteer health practitioners under the act;
   28         providing for imposition of administrative sanctions
   29         under specified conditions; providing for relation of
   30         the act to other laws; authorizing the Division of
   31         Emergency Management, the Department of Health, the
   32         Agency for Health Care Administration, and the Board
   33         of Veterinary Medicine to adopt rules; providing
   34         limitations on civil liability for volunteer health
   35         practitioners; providing for vicarious liability;
   36         providing for workers' compensation coverage under the
   37         act; providing duties and responsibilities of the
   38         Division of Emergency Management, the Department of
   39         Health, the Agency for Health Care Administration, and
   40         the Board of Veterinary Medicine with respect to
   41         workers' compensation coverage, including the adoption
   42         of rules; providing for uniformity of application and
   43         construction of the act; providing an effective date.
   44         
   45  Be It Enacted by the Legislature of the State of Florida:
   46         
   47         Section 1. Part V of chapter 252, Florida Statutes,
   48  consisting of sections 252.951, 252.952, 252.953, 252.954,
   49  252.955, 252.956, 252.957, 252.958, 252.959, 252.960, 252.961,
   50  252.962, and 252.963, is created to read:
   51                               PART V                              
   52        UNIFORM EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT       
   53         252.951 Short title.This part may be cited as the “Uniform
   54  Emergency Volunteer Health Practitioners Act.”
   55         252.952 Definitions.—As used in this part:
   56         (1) “Board of Veterinary Medicine” means the Board of
   57  Veterinary Medicine within the Division of Professions of the
   58  Department of Business and Professional Regulation.
   59         (2)“Disaster relief organization” means an entity that
   60  provides emergency or disaster relief services that include
   61  health or veterinary services provided by volunteer health
   62  practitioners and that:
   63         (a)Is designated or recognized as a provider of those
   64  services pursuant to a disaster response and recovery plan
   65  adopted by an agency of the Federal Government or an agency or
   66  political subdivision of this state; or
   67         (b)Regularly plans and conducts its activities in
   68  coordination with an agency of the Federal Government or an
   69  agency or political subdivision of this state.
   70         (3) “Division of Emergency Management” or “division” means
   71  the Division of Emergency Management of the Department of
   72  Community Affairs.
   73         (4)“Emergency” has the same meaning as that term is
   74  defined in s. 252.34(3).
   75         (5)“Emergency declaration” means the declaration of a
   76  state of emergency by executive order or proclamation of the
   77  Governor as provided under s. 252.36.
   78         (6)“Emergency Management Assistance Compact” means the
   79  interstate compact approved by Congress by Pub. L. No. 104-321,
   80  110 Stat. 3877, codified as part III of this chapter.
   81         (7)“Entity” means a person other than an individual.
   82         (8)“Health facility” means an entity licensed under the
   83  laws of this or another state to provide health or veterinary
   84  services.
   85         (9)“Health practitioner” means an individual licensed
   86  under the laws of this or another state to provide health or
   87  veterinary services.
   88         (10)“Health services” means the provision of treatment,
   89  care, advice or guidance, or other services, or supplies,
   90  related to the health or death of individuals or human
   91  populations, to the extent necessary to respond to an emergency,
   92  including:
   93         (a)The following, concerning the physical or mental
   94  condition or functional status of an individual or affecting the
   95  structure or function of the body:
   96         1. Preventive, diagnostic, therapeutic, rehabilitative,
   97  maintenance, or palliative care; and
   98         2.Counseling, assessment, procedures, or other services;
   99         (b)Sale or dispensing of a drug, a device, equipment, or
  100  other item to an individual in accordance with a prescription;
  101  and
  102         (c)Funeral, cremation, cemetery, or other mortuary
  103  services.
  104         (11)“Host entity” means an entity operating in this state
  105  which uses volunteer health practitioners to respond to an
  106  emergency.
  107         (12)“License” means authorization by a state to engage in
  108  health or veterinary services that are unlawful without the
  109  authorization. The term includes authorization under the laws of
  110  this state to an individual to provide health or veterinary
  111  services based upon a national certification issued by a public
  112  or private entity.
  113         (13)“Person” means an individual, corporation, business
  114  trust, trust, partnership, limited liability company,
  115  association, joint venture, public corporation, government or
  116  governmental subdivision, agency, or instrumentality, or any
  117  other legal or commercial entity.
  118         (14) “Scope of practice” means the extent of the
  119  authorization to provide health or veterinary services granted
  120  to a health practitioner by a license issued to the practitioner
  121  in the state in which the principal part of the practitioner's
  122  services are rendered, including any conditions imposed by the
  123  licensing authority.
  124         (15) “State” means a state of the United States, the
  125  District of Columbia, Puerto Rico, the United States Virgin
  126  Islands, or any territory or insular possession subject to the
  127  jurisdiction of the United States.
  128         (16) “Veterinary services” means the provision of
  129  treatment, care, advice or guidance, or other services, or
  130  supplies, related to the health or death of an animal or to
  131  animal populations, to the extent necessary to respond to an
  132  emergency, including:
  133         (a)Diagnosis, treatment, or prevention of an animal
  134  disease, injury, or other physical or mental condition by the
  135  prescription, administration, or dispensing of vaccine,
  136  medicine, surgery, or therapy;
  137         (b)Use of a procedure for reproductive management; and
  138         (c)Monitoring and treatment of animal populations for
  139  diseases that have spread or demonstrate the potential to spread
  140  to humans.
  141         (17) “Volunteer health practitioner” means a health
  142  practitioner who provides health or veterinary services, whether
  143  or not the practitioner receives compensation for those
  144  services. The term does not include a practitioner who receives
  145  compensation pursuant to a preexisting employment relationship
  146  with a host entity or affiliate which requires the practitioner
  147  to provide health services in this state, unless the
  148  practitioner is not a resident of this state and is employed by
  149  a disaster relief organization providing services in this state
  150  while an emergency declaration is in effect.
  151         252.953 Applicability to volunteer health practitioners.
  152  This part applies to volunteer health practitioners registered
  153  with a registration system that complies with s. 252.955 and who
  154  provide health or veterinary services in this state for a host
  155  entity while an emergency declaration is in effect.
  156         252.954 Regulation of services during emergency.—
  157         (1)While an emergency declaration is in effect, the
  158  Division of Emergency Management, in conjunction with the
  159  Department of Health, the Agency for Health Care Administration,
  160  and the Board of Veterinary Medicine, may limit, restrict, or
  161  otherwise regulate:
  162         (a)The duration of practice by volunteer health
  163  practitioners;
  164         (b)The geographical areas in which volunteer health
  165  practitioners may practice;
  166         (c)The types of volunteer health practitioners who may
  167  practice; and
  168         (d)Any other matters necessary to coordinate effectively
  169  the provision of health or veterinary services during the
  170  emergency.
  171         (2)An order issued pursuant to subsection (1) may take
  172  effect immediately, without prior notice or comment, and is not
  173  a rule pursuant to chapter 120.
  174         (3)A host entity that uses volunteer health practitioners
  175  to provide health or veterinary services in this state shall:
  176         (a)Consult and coordinate its activities with the Division
  177  of Emergency Management, the Department of Health, the Agency
  178  for Health Care Administration, and the Board of Veterinary
  179  Medicine to the extent practicable to provide for the efficient
  180  and effective use of volunteer health practitioners; and
  181         (b)Comply with any laws other than this part relating to
  182  the management of emergency health or veterinary services.
  183         252.955 Volunteer health practitioner registration
  184  systems.—
  185         (1) To qualify as a volunteer health practitioner
  186  registration system, a system must:
  187         (a) Accept applications for the registration of volunteer
  188  health practitioners before or during an emergency;
  189         (b) Include information about the licensure and good
  190  standing of health practitioners which is accessible by
  191  authorized persons;
  192         (c) Be capable of confirming the accuracy of information
  193  concerning whether a health practitioner is licensed and in good
  194  standing before health services or veterinary services are
  195  provided under this part; and
  196         (d) Meet one of the following conditions:
  197         1.Be an emergency system for advance registration of
  198  volunteer health practitioners established by a state and funded
  199  through the United States Department of Health and Human
  200  Services under Section 319I of the United States Public Health
  201  Services Act, 42 U.S.C. s. 247d-7b, as amended;
  202         2.Be a local unit consisting of trained and equipped
  203  emergency response, public health, and medical personnel formed
  204  pursuant to Section 2801 of the United States Public Health
  205  Services Act, 42 U.S.C. s. 300hh, as amended;
  206         3.Be operated by a:
  207         a.Disaster relief organization;
  208         b.Licensing board;
  209         c.National or regional association of licensing boards or
  210  health practitioners;
  211         d. Health facility that provides comprehensive inpatient
  212  and outpatient health care services, including a tertiary care
  213  and teaching hospital; or
  214         e.Governmental entity; or
  215         4.Be designated by the Division of Emergency Management,
  216  in cooperation with the Department of Health, the Agency for
  217  Health Care Administration, and the Board of Veterinary
  218  Medicine, as a registration system for purposes of this part.
  219         (2) While an emergency declaration is in effect, the
  220  Division of Emergency Management, the Department of Health, the
  221  Agency for Health Care Administration, and the Board of
  222  Veterinary Medicine, a person authorized to act on behalf of the
  223  division, department, agency, or board, or a host entity may
  224  confirm whether volunteer health practitioners utilized in this
  225  state are registered with a registration system that complies
  226  with subsection (1). Confirmation is limited to obtaining
  227  identities of the practitioners from the system and determining
  228  whether the system indicates that the practitioners are licensed
  229  and in good standing.
  230         (3)Upon request of a person in this state authorized under
  231  subsection (2), or a similarly authorized person in another
  232  state, a registration system located in this state shall notify
  233  the person of the identities of volunteer health practitioners
  234  and whether the practitioners are licensed and in good standing.
  235         (4)A host entity is not required to use the services of a
  236  volunteer health practitioner even if the practitioner is
  237  registered with a registration system that indicates that the
  238  practitioner is licensed and in good standing.
  239         252.956 Recognition of volunteer health practitioners
  240  licensed in other states.—
  241         (1)While an emergency declaration is in effect, a
  242  volunteer health practitioner, registered with a registration
  243  system that complies with s. 252.955 and licensed and in good
  244  standing in the state upon which the practitioner's registration
  245  is based, may practice in this state to the extent authorized by
  246  this part as if the practitioner were licensed in this state.
  247         (2)A volunteer health practitioner qualified under
  248  subsection (1) is not entitled to the protections of this part
  249  if the practitioner is licensed in more than one state and any
  250  license of the practitioner is suspended, revoked, or subject to
  251  an agency order limiting or restricting practice privileges, or
  252  has been voluntarily terminated under threat of sanction.
  253         252.957 No effect on credentialing and privileging.—
  254         (1) As used in this section:
  255         (a)“Credentialing” means obtaining, verifying, and
  256  assessing the qualifications of a health practitioner to provide
  257  treatment, care, or services in or for a health facility.
  258         (b)“Privileging” means the authorizing by an appropriate
  259  authority, such as a governing body, of a health practitioner to
  260  provide specific treatment, care, or services at a health
  261  facility subject to limits based on factors that include
  262  license, education, training, experience, competence, health
  263  status, and specialized skill.
  264         (2) This part does not affect credentialing or privileging
  265  standards of a health facility and does not preclude a health
  266  facility from waiving or modifying those standards while an
  267  emergency declaration is in effect.
  268         252.958 Provision of volunteer health or veterinary
  269  services; administrative sanctions.—
  270         (1)Subject to subsections (2) and (3), a volunteer health
  271  practitioner shall adhere to the scope of practice for a
  272  similarly licensed practitioner established by the licensing
  273  provisions, practice acts, or other laws of this state.
  274         (2) Except as otherwise provided in subsection (3), this
  275  part does not authorize a volunteer health practitioner to
  276  provide services that are outside the practitioner's scope of
  277  practice, even if a similarly licensed practitioner in this
  278  state would be permitted to provide such services.
  279         (3)The Division of Emergency Management, in cooperation
  280  with the Department of Health, the Agency for Health Care
  281  Administration, and the Board of Veterinary Medicine, may modify
  282  or restrict the health or veterinary services that volunteer
  283  health practitioners may provide pursuant to this part. An order
  284  under this subsection may take effect immediately, without prior
  285  notice or comment, and is not a rule pursuant to chapter 120.
  286         (4)A host entity may restrict the health or veterinary
  287  services that a volunteer health practitioner may provide
  288  pursuant to this part.
  289         (5)A volunteer health practitioner is not deemed to be
  290  engaging in unauthorized practice unless the practitioner has
  291  reason to know of any limitation, modification, or restriction
  292  under this section or that a similarly licensed practitioner in
  293  this state would not be permitted to provide the services. A
  294  volunteer health practitioner has reason to know of a
  295  limitation, modification, or restriction or that a similarly
  296  licensed practitioner in this state would not be permitted to
  297  provide a service if:
  298         (a)The practitioner knows the limitation, modification, or
  299  restriction exists or that a similarly licensed practitioner in
  300  this state would not be permitted to provide the service; or
  301         (b)From all the facts and circumstances known to the
  302  practitioner at the relevant time, a reasonable person would
  303  conclude that the limitation, modification, or restriction
  304  exists or that a similarly licensed practitioner in this state
  305  would not be permitted to provide the service.
  306         (6)In addition to the authority granted by the law of this
  307  state other than this part to regulate the conduct of health
  308  practitioners, a licensing board or other disciplinary authority
  309  in this state:
  310         (a)May impose administrative sanctions upon a health
  311  practitioner licensed in this state for conduct outside of this
  312  state in response to an out-of-state emergency;
  313         (b)May impose administrative sanctions upon a health
  314  practitioner not licensed in this state for conduct in this
  315  state in response to an in-state emergency; and
  316         (c)Shall report any administrative sanctions imposed upon
  317  a practitioner licensed in another state to the appropriate
  318  licensing board or other disciplinary authority in any other
  319  state in which the practitioner is known to be licensed.
  320         (7)In determining whether to impose administrative
  321  sanctions under subsection (6), a licensing board or other
  322  disciplinary authority shall consider the circumstances in which
  323  the conduct took place, including any exigent circumstances, and
  324  the practitioner's scope of practice, education, training,
  325  experience, and specialized skill.
  326         252.959 Relation to other laws.—
  327         (1)This part does not limit rights, privileges, or
  328  immunities provided to volunteer health practitioners by laws
  329  other than this part. Except as otherwise provided in subsection
  330  (2), this part does not affect requirements for the use of
  331  health practitioners pursuant to the Emergency Management
  332  Assistance Compact.
  333         (2)The Division of Emergency Management, in cooperation
  334  with the Department of Health, the Agency for Health Care
  335  Administration, and the Board of Veterinary Medicine, pursuant
  336  to the Emergency Management Assistance Compact, may incorporate
  337  into the emergency forces of this state volunteer health
  338  practitioners who are not officers or employees of this state, a
  339  political subdivision of this state, or a municipality or other
  340  local government within this state.
  341         252.960 Regulatory authority.—The Division of Emergency
  342  Management, the Department of Health, the Agency for Health Care
  343  Administration, and the Board of Veterinary Medicine may adopt
  344  rules to implement this part. In doing so, the division, the
  345  department, the agency, and the board shall consult with and
  346  consider the recommendations of the entity established to
  347  coordinate the implementation of the Emergency Management
  348  Assistance Compact and shall also consult with and consider
  349  rules adopted by similarly empowered agencies in other states to
  350  promote uniformity of application of this part and make the
  351  emergency response systems in the various states reasonably
  352  compatible.
  353         252.961 Limitations on civil liability for volunteer health
  354  practitioners; vicarious liability.—
  355         (1) Subject to subsection (3), a volunteer health
  356  practitioner who provides health or veterinary services pursuant
  357  to this part is not liable for damages for an act or omission of
  358  the practitioner in providing those services.
  359         (2) No person is vicariously liable for damages for an act
  360  or omission of a volunteer health practitioner if the
  361  practitioner is not liable for the damages under subsection (1).
  362         (3) This section does not limit the liability of a
  363  volunteer health practitioner for:
  364         (a) Willful misconduct or wanton, grossly negligent,
  365  reckless, or criminal conduct;
  366         (b) An intentional tort;
  367         (c) Breach of contract;
  368         (d) A claim asserted by a host entity or by an entity
  369  located in this or another state which employs or uses the
  370  services of the practitioner; or
  371         (e) An act or omission relating to the operation of a motor
  372  vehicle, vessel, aircraft, or other vehicle.
  373         (4) A person that, pursuant to this part, operates, uses,
  374  or relies upon information provided by a volunteer health
  375  practitioner registration system is not liable for damages for
  376  an act or omission relating to such operation, use, or reliance
  377  unless the act or omission is an intentional tort or is willful
  378  misconduct or wanton, grossly negligent, reckless, or criminal
  379  conduct.
  380         252.962Workers' compensation coverage.—
  381         (1) For purposes of this section, “injury“ means a physical
  382  or mental injury or disease for which an employee of this state
  383  who is injured or contracts the disease in the course of the
  384  employee's employment would be entitled to benefits under the
  385  workers' compensation law of this state.
  386         (2) A volunteer health practitioner who dies or is injured
  387  as the result of providing health or veterinary services
  388  pursuant to this part is deemed to be an employee of this state
  389  for the purpose of receiving benefits for the death or injury
  390  under chapter 440, the Workers' Compensation Law, if:
  391         (a)The practitioner is not otherwise eligible for such
  392  benefits for the injury or death under the law of this or of
  393  another state; and
  394         (b)The practitioner, or in the case of death the
  395  practitioner's personal representative, elects coverage under
  396  the workers' compensation law of this state by making a claim
  397  under that law.
  398         (3) The Division of Emergency Management, the Department of
  399  Health, the Agency for Health Care Administration, and the Board
  400  of Veterinary Medicine shall adopt rules, enter into agreements
  401  with other states, or take other measures to facilitate the
  402  receipt of benefits for injury or death under the workers'
  403  compensation law of this state by volunteer health practitioners
  404  who reside in other states, and may waive or modify requirements
  405  for filing, processing, and paying claims that unreasonably
  406  burden the practitioners. To promote uniformity of application
  407  of this part with other states that enact similar legislation,
  408  the Division of Emergency Management, the Department of Health,
  409  the Agency for Health Care Administration, and the Board of
  410  Veterinary Medicine shall consult with and consider the
  411  practices for filing, processing, and paying claims by agencies
  412  with similar authority in other states.
  413         252.963Uniformity of application and construction.—In
  414  applying and construing this uniform act, consideration must be
  415  given to the need to promote uniformity of the law with respect
  416  to its subject matter among states that enact it.
  417         Section 2. This act shall take effect July 1, 2009.